By: Stephen P. Lagoy
You may find interesting retired Justice O’Connor’s view on arbitration in this excerpt from the August 10, 2009 on line edition of the Wall Street Journal:
WSJ: Has your circuit service affected your views of mediation, arbitration and other alternatives to litigation?
Justice O’Connor: Well, I have been a strong advocate for alternative dispute resolution ever since I was a state court judge. I found a need for alternative dispute resolution and I found it more satisfactory in many cases for the litigants than going to court. For instance, the mediation of a case means that each side gets to meet separately with the mediator and tell him just what they think without objections and interruptions from counsel. They get to tell their story as they want to tell it. And that is so therapeutic for them. The mediator had to get to the nub of it and eliminate the stuff they shouldn’t consider. But in terms of the litigants themselves, we know that very often it is more satisfactory to them to have gone through that process than through an ordinary trial court process. And depending on the circumstances it might be much less expensive. But it depends on the state and the system and the whole ball of wax. It could be just as expensive and just as frustrating. But I think in general terms it’s provided a welcome alternative to litigation.
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